The attorneys of Valentine Law Group focus their practice on the areas of Elder Abuse & Neglect, Dependent Adult Abuse & Neglect, Medical Malpractice, and Serious Personal Injury.
Elder Adult Abuse and Neglect
California’s elderly population is ever-growing, and as such, so is the risk that this vulnerable population may be the victims of abuse and neglect. In response, the California legislature has expressly stated that it “recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons.” California Welfare & Institutions Code §15600(a).Therefore, it was the intent of the California Legislature to “enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults.” Welfare and Institutions Code §15600(j). The laws that were established to protect this vulnerable population is referred to as the “Elder Abuse and Dependent Adult Civil Protection Act.”
Sadly, countless individuals are the victims of neglect and abuse each year. This neglect and abuse is suffered at the hands of nursing home employees, hospital staff, home health providers, caregivers, physicians, and more.
Elder abuse and neglect can occur in many different types of healthcare facilities. The most common types of healthcare facilities were abuse and neglect can occur are: skilled nursing facilities, residential care facilities for the elderly (RCFEs), board and care, assisted living, congregate living health facilities (CLHFs), hospice, home health, and acute care hospitals.
- Skilled Nursing Facility: a healthcare institution that meets federal criteria for Medicaid and Medicare reimbursement for nursing care including, but not limited to, the supervision of the care of every patient by a physician, the employment full-time of at least one registered nurse, the maintenance of records concerning the care and condition of every patient, and the availability of nursing care 24 hours a day.
- Residential Care Facilities for the Elderly: a facility that serves persons 60 and older. They are considered non-medical facilities and are not required to have nurses or doctors on staff. They provide room, board, housekeeping, supervision, and personal care assistance with basic activities like personal hygiene, dressing, eating, and walking. This level of care and supervision is for people who are unable to live by themselves but who do need 24-hour care. Other terms used to refer to this level of care are assisted living facilities, board and care homes, rest homes, and the component of continuing care retirement communities that provide personal care and supervision. RCFEs are licensed and inspected by the Department of Social Services.
- Congregate Living Health Facilities: a residential home with a capacity of no more than six beds. They provide impatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary needs, social and recreational activities.
- Hospice: A care program that gives special care to people who are near the end of life. The main goal of hospice care is to control pain and other symptoms of illness so patients can be as comfortable and alert as possible. This type of care is usually given at home, but may also be given at a hospice center, hospital, or elderly care facility. Medicare defines different stages of hospice care depending on the needs of the patient.
- Home Health: Home health care is a wide range of health care services that can be given in your home for an illness or injury. Home health care is usually less expensive, more convenient, and just as effective as care you get in a hospital or skilled nursing facility. The goal of home health care is to treat an illness or injury and improve your state of health.
Please visit our Abuse Prevention and Resources pages to find out more information about Elder and Dependent Abuse & Neglect.
Dependent Adult Abuse
A dependent adult is someone who is not yet an elder (over the age of 65) and requires assistance with normal activities and/or protecting their rights. At Valentine Law Group, we have a special passion for advocating on behalf of victims of dependent adult abuse because the most vulnerable members of our society need strong voices to fight for justice on their behalf.
In California, victims can bring a medical malpractice case against a medical care provider, including a physician, nurse, physical therapist, or mental health care professional. Under state law, a person must establish that a health care professional-patient relationship existed, the professional violated the owed duty of care, your injury was caused by the professional’s acts or omissions, and that you suffered damages as a result of those acts or omissions.
Serious Personal Injury and Wrongful Death
A person and their loved ones can suffer catastrophic harm in many ways. While every case is different, Valentine Law Group is committed to fighting for justice on behalf of those who have are victims of serious personal injury and for the families of a loved one who has suffered a wrongful death.
Contact the attorneys of Valentine Law Group to evaluate your case today.